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113TH CONGRESS 1ST SESSION

S. ll

To reduce sports-related concussions in youth, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll Mr. UDALL of New Mexico (for himself and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on llllllllll

A BILL
To reduce sports-related concussions in youth, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4

SECTION 1. SHORT TITLE.

This Act may be cited as the Youth Sports Concus-

5 sion Act. 6 7 8 9
SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that (1) scientific advancements and a greater understanding of the issues that affect the health and

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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 safety of young athletes are key to reducing sportsrelated concussions in youth; (2) the National Academies should complete, and make available to the public, its report on sports-related concussions in youth not later than January 31, 2014; (3) the Consumer Product Safety Commission should review the National Academies report for any matter that may impact products under the Commissions jurisdiction; (4) if protective equipment manufacturers choose to adopt voluntary consumer product safety standards based on the National Academies report and any related Consumer Product Safety Commission recommendations, the voluntary standards should include mechanisms to ensure substantial compliance by covered entities; and (5) the Federal Trade Commission should review the National Academies report for any matter that may inform efforts to protect consumers from unfair or deceptive practices in or affecting commerce.

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3 1 2 3
SEC. 3. THE NATIONAL ACADEMIES REPORT ON SPORTSRELATED CONCUSSIONS IN YOUTH.

(a) REVIEW.The Consumer Product Safety Com-

4 mission 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
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(1) shall review the National Academies report on sports-related concussion in youth not later than 5 months after the completion of such report; and (2) may make recommendations to protective equipment manufacturers regarding whether voluntary standards should be adopted (A) to reduce the risk of sports-related injury for youth athletes wearing protective equipment; (B) to improve the safety of reconditioned protective equipment; and (C) to modify protective equipment warning labels. (b) SAFETY STANDARDS. (1) LEAD
ARD.If, TIME FOR A VOLUNTARY STAND-

not later than 1 year after the completion

of the National Academies report, no voluntary standard is adopted based on the National Academies report and any related Consumer Product Safety Commission recommendations, the Consumer Product Safety Commission may initiate a proceeding to promulgate a consumer product safety

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 rule in accordance with section 553 of title 5, United States Code. (2) NET
EFFECT.A

rule issued under this

subsection must have the net effect of improving safety. (3) CONFORMITY
WITH EXISTING LAW.A

rule

issued under this subsection shall be considered a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).
SEC. 4. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING ACTIVITY EQUIPMENT.

(a) UNLAWFUL ACTIVITY.It is unlawful for any

14 person to sell, or offer for sale, in interstate commerce, 15 or import into the United States for the purpose of selling 16 or offering for sale, any item or equipment intended, de17 signed, or offered for use by an individual engaged in any 18 athletic sporting activity, whether professional or amateur, 19 for which the seller or importer, or any person acting on 20 behalf of the seller or importer, makes any false or mis21 leading claim with respect to the safety benefits of such 22 item. 23 24 (b) ENFORCEMENT
SION. BY

FEDERAL TRADE COMMIS-

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) UNFAIR
TICES.A OR DECEPTIVE ACTS OR PRAC-

violation of subsection (a) shall be treated

as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (2) POWERS
SION. OF FEDERAL TRADE COMMIS-

(A) IN

GENERAL.The

Federal Trade

Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) REGULATIONS.Notwithstanding any other provision of law, the Federal Trade Commission may promulgate under section 553 of title 5, United States Code, such regulations as the Commission considers necessary or appropriate to carry out this section. (C) PRIVILEGES
AND IMMUNITIES.Any

person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated and made part of this section. (D) AUTHORITY
PRESERVED.Nothing

in

this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) ENFORCEMENT BY STATES. (1) IN
GENERAL.Except

as provided in para-

graph (4), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate injunctive relief. (2) RIGHTS
SION. OF FEDERAL TRADE COMMIS-

(A) NOTICE
SION.

TO FEDERAL TRADE COMMIS-

(i) IN

GENERAL.Except

as provided

in clause (iii), the attorney general of a

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) CONTENTS.The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) EXCEPTION.If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) INTERVENTION
COMMISSION.The BY FEDERAL TRADE

Federal Trade Commission

may (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening (I) be heard on all matters arising in the civil action; and

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (II) file petitions for appeal. (3) INVESTIGATORY

POWERS.Nothing

in this

subsection shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) PREEMPTIVE
COMMISSION.If ACTION BY FEDERAL TRADE

the Federal Trade Commission in-

stitutes a civil action or an administrative action with respect to a violation of subsection (a) or a rule promulgated under subsection (b)(2)(B) the attorney general of a State may not, during the pendency of that action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) VENUE;
SERVICE OF PROCESS.

(A) VENUE.Any action brought under paragraph (1) may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (B) SERVICE
OF PROCESS.In

an action

brought under paragraph (1), process may be served in any district in which the defendant (i) is an inhabitant; or (ii) may be found. (6) ACTIONS (A) IN
BY OTHER STATE OFFICIALS. GENERAL.In

addition to a civil

actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) SAVINGS
PROVISION.Nothing

in this

subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.

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